Misconceptions Concerning Divorce – Part II

Half of the Marriages in the United States End in Divorce

This is simply untrue. However it isn’t far from 50%. The divorce rate in the United States has been increasing over the last two decades. In many states, it is close to 50%. The national average is about 45% of all marriages will end in divorce.

The divorce rate for second marriages, as one might think, would be lower than that of first marriages. However, this is also not true. Approximately two-thirds of all second marriages end in divorce. There are a variety of reasons for this increase in the divorce rate. Since individuals going through a second divorce are experienced with the legal system from the first divorce, they are not as afraid of the system. They realize it is not as difficult to obtain a divorce as they had anticipated. It is also thought individuals in second marriages are less willing to deal with aggravation and other marital problems before they move forward with a divorce than individuals in first marriages.

Divorces Are Expensive

The enactment of no-fault divorce statutes in all 50 states in the United States has brought down the cost of divorce. If the parties do not have significant assets, are reasonable and can have mature, intelligent discussions with each other concerning issues such as custody, visitation, child supportand division of assets, divorce can be simple, inexpensive and not overly burdensome. Yes, there still are cases where people go to war with each other that causes divorces to be expensive. However, these “war of the roses” types of cases are rare.

Only Women Receive Alimony

This is also simply untrue. In the State of New York, the statute concerning alimony which is called spousal maintenance, is gender neutral. The spouse with the lower income or lack of income whether it be a male or a female can petition the court for spousal maintenance based on a formula related to the needs of the lower income or non-working spouse. In those situations, the spouse with the higher income must pay spousal maintenance over a period of time to the other spouse. In today’s marketplace, many women are the primary bread winners of their family. In these cases, men can petition the court for spousal maintenance and be successful.

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